Fryman v. Pilot Life Insurance Co.
Kentucky Supreme Court
1DissentWintersheimer, Justice
I respectfully dissent because I believe that double indemnity benefits should not be awarded under the circumstances presented in this case. In my view, any reasonably prudent person of ordinary intelligence should be able to anticipate that there is a likely risk of death when a person drives a speeding motorcycle while drunk. Consequently, such conduct is not within the definition of death by accidental means recognized in Kentucky. The conduct falls within the reckless disregard for an obvious danger category.
The issue is whether the beneficiaries under a life insurance policy are…
2Cases cited5 opinions
- Donohue v. Washington Nat. Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1935
- National Life & Accident Insurance v. JonesCourt of Appeals of Kentucky (pre-1976) · 1935
- Hobbs v. Provident Life & Accident Insurance Co.Court of Appeals of Tennessee · 1975
- Collins v. Nationwide Life InsuranceMichigan Court of Appeals · 1979
- Kentucky Central Life Insurance Co. v. WillettCourt of Appeals of Kentucky · 1977